Real-Time Court Decisions and Other Developments in Asbestos Litigation.
U.S. District Court for the Northern District of California, March 30, 2021 Before the court are motions for summary judgment filed by defendant National Steel and Shipbuilding Company (NASSCO) and Pep Boys-Manny, Moe & Jack of California. Defendant NASSCO moves for summary judgment on the theory that, as a government contractor, it enjoys derivative immunity …
Supreme Court of New York, New York County, March 25, 2021 Defendant Cleaver-Brooks, Inc. filed this instant motion to dismiss the plaintiff’s complaint pursuant to CPLR 3211 (a)(8) on the grounds that the court lacked personal jurisdiction over them. This lawsuit stems from plaintiff Darrell Nelson’s diagnosis of malignant pleural mesothelioma, which plaintiffs allege resulted …
U.S. District Court for the Middle District of Louisiana, March 4, 2021 The plaintiffs alleged the decedent, Kirk Reulet, was exposed to asbestos during his own employment at the Avondale Shipyard from 1967 to 1972 and from take-home exposure to asbestos through his father, Pierre Reulet, who worked for Avondale from 1964 to 1977. Defendant …
U.S. District Court for the Northern District of California, March 26, 2021 The plaintiffs filed this action alleging decedent developed malignant mesothelioma and later died from exposure to asbestos-containing products or equipment. Specifically, the plaintiffs allege the decedent worked with Bendix brand brakes during his service in the Army and as a machinist. The plaintiffs …
Court of Appeal of California, Second Appellate District, Division Two, March 25, 2021 In this asbestos action, plaintiff Arthur Putt replaced brake pads manufactured and supplied by several different entities in connection with cars manufactured by three different companies in two California gas stations from 1966 until 1970. The plaintiff was diagnosed with mesothelioma in …
Court of Appeals of Oregon, March 24, 2021 In this asbestos action, decedent Ronald Laux alleged exposure to asbestos from replacing motorcycle brake linings from 1961 until 2014. Thereafter, he developed mesothelioma and brought negligence and strict products liability actions against numerous defendants. After Mr. Laux’s passing, Mrs. Laux was named as the personal representative …
U.S. District Court for the Middle District of North Carolina, March 23, 2021 Plaintiff Kenneth McDaniel was employed by Duke Power as an operator at its Belews Creek power plant in North Carolina from 1974 to 2005. Deborah McDaniel was married to Mr. McDaniel. Mrs. McDaniel was diagnosed with lung cancer, which the plaintiffs argue …
U.S. District Court for the District of Oregon, Medford Division, March 23, 2021 The plaintiff’s third amended complaint alleged that the decedent Bill Jack Sheldon was exposed to airbone asbestos fibers, both by directly working with asbestos and asbestos-containing materials and by working in the vicinity of other workers handling asbestos products between 1972 and …
U.S. District Court for the Middle District of North Carolina, March 22, 2021 Plaintiff Kenneth McDaniel worked as an operator for Duke Power at its Belews Creek Power Plant in North Carolina from 1974 to 2005. His wife, Deborah McDaniel, whom he married in 1978, was diagnosed with lung cancer and filed suit, alleging that …
U.S. District Court for the Northern District of California, March 19, 2021 Plaintiffs Thomas Toy, Jr. and Agnes Toy allege that Mr. Toy developed malignant mesothelioma and later died from exposure to asbestos-containing products or equipment that the defendants manufactured or supplied. The defendants removed this action to federal court, which set forth a case …